Pennsylvania Statutory Sexual Assault Lawyer

Accused of Statutory Sexual Assault in PA? Let Us Help

At Worgul, Sarna & Ness, Criminal Defense Attorneys, our Pennsylvania sex crime defense lawyers understand how devastating accusations of sexual misconduct can be and how quickly it feels like you lose control of your life.

Everyone should have a chance to defend themselves, and even if they should be considered innocent until proven guilty, the court of public opinion is quick to condemn anyone accused of sexual misconduct. Our statutory sexual assault lawyers are ready to hear your story.

We will provide an aggressive defense after you’ve been charged with statutory sexual assault. We will protect you against conviction, preserve your standing, and secure your best possible outcome.

For a free and confidential case evaluation with an experienced statutory sexual assault lawyer in Pennsylvania, call (412) 281-2146 or submit a request online. Worgul, Sarna & Ness accepts cases statewide and is ready to fight for you.

Statewide Representation for Sex Offenses

Based in Pittsburgh, Worgul, Sarna & Ness, Criminal Defense Attorneys offer comprehensive and aggressive legal representation for those accused of sex offenses throughout the Commonwealth.

Statutory Sexual Assault of a Minor in Pennsylvania

Statutory sexual assault is similar to rape charges, but there are some key differences as defined under 18 Pa. Code §3122.1.

Pennsylvania’s age of consent is 16 years old. It’s illegal for someone to engage in sexual intercourse with another person who is younger than 16 if the perpetrator is more than four years older than the victim. It doesn’t matter if the activity is consensual.

The age difference between the parties can also affect any criminal charges for sexual misconduct. There are three distinct ranges to consider.

If you are four to eight years older than a victim, or eight to 11 years older than the alleged victim, you could be charged with a second-degree felony. If you’re more than 11 years older, you could be charged with a first-degree felony.

If you are less than four years older than the other party and the intercourse was consensual, this can be used as a defense to sexual assault charges.

When Can Statutory Sexual Assault Happen?

There are many scenarios that can be presented as statutory sexual assault in Pennsylvania, even if both parties have given their consent.

Pennsylvania law considers the power and influence the older party holds over the alleged victim. Referred to as “institutional sexual assault,” this charge recognizes when there’s a power imbalance between parties that makes consent impossible. That means even if the minors are within an acceptable age, any sexual interaction is considered a felony sexual assault.

Any employee of a school, state or county jail, personal care or group home, or other licensed residential facility serving youth cannot have a legal relationship with a minor.

So teachers cannot have relationships with students, even if they are 16 or older. Children younger than 13 cannot give consent, and children 13 to 15 years old cannot give consent to anyone more than four years older than them.

Other Child Sexual Assault Offenses in Pennsylvania

Besides statutory rape, other sexual offenses with minors can result in serious charges, like:

• Rape of a Child (18 Pa. Code §3121): you may be charged with rape if you perform sexual intercourse with a victim younger than 13, or a minor by force, a threat of force, or while the victim is unconscious.
• Involuntary Deviate Sexual Intercourse with a Minor (18 Pa. Code §3123): a charge of IDSI is similar to rape, except it covers a broader range of acts. Any acts with children younger than 13 can result in first-degree felonies. Further charges can be added if the victim suffered serious bodily injury.
• Sexual Assault of a Minor (18 Pa. Code §3124.1): you can be charged with sexual assault if you perform sexual intercourse or deviate sexual intercourse without consent or someone younger than 16. You might be charged with sexual assault if the prosecutor feels they don’t have enough evidence for a rape charge.
• Indecent Assault of a Child (18 Pa. Code §3126): you could be charged with indecent assault if you engage in indecent contact with the victim or force them into indecent contact with you.

Penalties for Pennsylvania Statutory Sexual Assault Charges

If you are convicted of statutory sexual assault, you can expect to be imprisoned for a period of time, released on probation or parole, and multiple fines.

For a felony of the second degree, you could be sentenced to a maximum 10-year prison term, as well as a maximum fine of $25,000.

For a first-degree felony, you could face a sentence of up to 20 years and/or be fined up to $25,000.

Pennsylvania Sex Offender Registration for Statutory Rape

You will be required to register as a sex offender if you’re convicted of statutory sexual assault, along with other child sex charges. Most sexual crimes involving children are considered Tier III offenses requiring lifetime registration.

If you do not sign up to initially register when you should, provide all accurate and up-to-date information, and verify your registration four times per year as a Tier III offender, then you can face a charge for failure to register.

If you have been charged with a child sex crime, you need a Pennsylvania child sexual assault lawyer by your side to help you with your case.

How to Defend Against Statutory Sexual Assault

If you have been charged with a sex crime against a minor, you need to hire an experienced attorney immediately. In most cases, consent is not a viable defense. Under the law, minors under 16 years of age cannot consent to sexual activity.

However, there is an exception to that rule in certain situations. If the minor was 13, 14, or 15 years old and you were not more than four years older than them at the time of the conduct, you may use consent as a defense.

Other potential defenses to child sexual assault allegations include false allegations or a mistake of identity. When a particularly young child is involved, your child sexual assault attorney will investigate whether the child is confused or has been coached. This is particularly important to consider if there is a related child custody battle going on.

Additionally, an experienced attorney may focus on proving to the court that prosecutors lack sufficient evidence to prove you committed the offense beyond a reasonable doubt.

Our Statutory Assault Attorneys Will Fight for You

Professional legal representation can make a substantial difference in the outcome of a statutory sexual assault case. At Worgul, Sarna & Ness, our attorneys know what you’re up against and what can help.

From negotiating with the prosecution to reduce the charges to securing a complete dismissal and proving your innocence, we will look out for your interests and always fight for the best possible result.

Why Choose Worgul, Sarna & Ness?

Our attorneys bring a wealth of experience and prior success in assisting people in avoiding harsh convictions for statutory sexual assault charges.

Our Pennsylvania criminal defense law firm is recognized for:

• Skill & Impressive Results in Sex Offense Cases
• Exhaustive Independent Investigations & Tailored Strategies
• Client-Focused Representation & Comprehensive Advocacy
• Statewide Availability & Ongoing Legal Support

Contact a Statutory Sexual Assault Lawyer Right Away

Nothing is more serious than being accused of sexually assaulting a child. Whether or not you have been charged with a crime yet, you need to face these allegations and protect yourself during an investigation.

The best way to do this is to call a lawyer at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC. We will use our knowledge, years of experience, and resources to defend you against such severe accusations and to fight for your exoneration in court. Call (412) 281-2146 to schedule a no-cost consultation and discuss how we can help you.

Areas Served

Our sex crime lawyers are based in Pittsburgh, but assist clients charged with sexual offenses throughout Pennsylvania. Some of the areas we serve are: